At the same time that the printed acknowledgment of guilt is being completed, the officer of the commission shall give a verbal warning concerning the right of the person to a hearing in a judicial proceeding. The official receipt for payment of the penalty, issued by an officer, shall become void, and the prosecution of the person or persons named on the receipt shall be allowed to continue.
The commission shall only designate such counties for continued use of field acknowledgment as it finds to have summary offense procedures that differ from Statewide summary offense procedures. All guns, traps, dogs, boats, vehicles or conveyances, or any device, implement or appliance, and other shooting, hunting, trapping or furtaking paraphernalia seized under this title, where the owner thereof escapes arrest and refuses to present himself and make claim to the property, shall be held for a period of not less than 30 days, after which time the property shall be forwarded to the commission and shall be disposed of at the discretion of the director.
The moneys arising from the sale shall be applied to any costs of prosecution accrued and the remainder forfeited to the commission and deposited in the Game Fund.
The commission may refuse to grant to that person any permit or registration and may deny any privilege granted by these documents for a period not exceeding five years unless otherwise provided in this title. This course may be taken no earlier than three months prior to the end of the period of revocation. The commission shall promulgate regulations establishing the curriculum, administration and any associated fees of such a remedial course, which fees shall bear a reasonable relationship to the costs of providing the course and the course materials.
Act 54 amended subsecs. Subject to any inconsistent regulations or rules prescribed pursuant to 42 Pa. The officer shall not exercise his authority to arrest a nonresident under this paragraph if the nonresident offender chooses to place the amount of the applicable fine and costs in a stamped envelope addressed to the appropriate issuing authority and mails the envelope in the presence of the officer. Any person convicted or pleading guilty or signing an acknowledgment of guilt under any provisions of this title who, within the past seven years, was convicted or pleaded guilty or signed an acknowledgment of guilt for violating any of the provisions of this title or the former laws relating to game or wildlife then in force shall be sentenced under this title as a second or subsequent offender.
Any acceptance of Accelerated Rehabilitative Disposition within the past seven years of the present violation shall be considered for the purposes of determining a second or subsequent offense. Chapter 21 was added July 8, , P. The commission shall have the authority to administer and enforce this title and all laws of this Commonwealth relating to the encouragement, promotion and development of game or wildlife conservation interests and the protection, propagation, distribution and control over game or wildlife.
In the event the commission fails to establish seasons and bag limits for a license year beginning in a leap year, the seasons shall open and close two calendar days earlier than the previous license year. Federal regulations shall not apply if commission regulations or other provisions of this title prescribe stronger or more detailed restrictions for the taking of migratory birds, nongame birds or game or wildlife.
Subchapter B is referred to in sections , , of this title. Lands divided by a public highway shall not be construed as detached lands. Any person who wounds any game or wildlife shall immediately make a reasonable effort to find and kill the game or wildlife.
Every person shall comply with all other regulations in this subchapter pertaining to the method and manner of killing, reporting the killing and the disposition of game or wildlife and their skins and carcasses. The trapping and transfer shall be done in cooperation with a representative of the commission.
July 3, , P. Act 26 amended subsec. Section 2 of Act 26 provided that Act 26 shall apply to offenses committed on or after the effective date of section 2. Any person who kills any game or wildlife, other than raccoons, under the provisions of this subchapter shall, within 24 hours, report, orally or in writing, the killing to an officer of the commission.
The report shall set forth the date, time and place of the killing, the number of species killed and the sex of the species. Unless otherwise directed by an officer of the commission, the entire carcass intact, less entrails, of each edible bird or animal killed under the provisions of this subchapter shall be held in a place of safekeeping pending final disposition pursuant to this chapter.
All portions of the carcass generally considered edible shall be consumed only within the household of a person having authority to kill and possess the game or wildlife.
No additional animals may be retained for food until the entire carcass of the animal previously retained has been entirely consumed. The head and hide of each deer, bear or elk killed and retained for food shall be properly salted, placed in safekeeping and turned over to a commission officer.
Except as otherwise provided in this subchapter, the entire carcass, including the head and hide, of all big game animals and the entire carcass of any other game or wildlife, other than raccoons, shall be made available, unless otherwise directed by an officer of the commission, intact, less entrails, to any commission officer calling for them.
Subchapter C is referred to in section of this title. The person killing the game or wildlife shall answer, without evasion, any pertinent questions of the officer making the investigation. In all cases the officer shall seize and dispose of the game or wildlife as required by this title or upon instructions of the director. The proprietary ownership, jurisdiction and control of game or wildlife living free in nature is vested in the Commonwealth by virtue of the continued expenditure of its funds and its efforts to protect, propagate, manage and preserve the game or wildlife population as a renewable natural resource of this Commonwealth.
In determining the value of game or wildlife killed or habitat injured or destroyed, the commission may consider all factors that give value to the game or wildlife or habitat. These factors may include, but need not be limited to, the commercial resale value, the replacement costs or the recreational value of observing, hunting or furtaking. In addition, the commission may recover the costs of gathering the evidence, including expert testimony, in any civil action brought under this section where the defendant is found liable for damages.
Notwithstanding the provisions of section 26, in the event the commission shall bring a civil action suit pursuant to section 21 or a criminal proceeding pursuant to section 22 of the Dam Safety and Encroachments Act, any moneys recovered by the commission shall be deposited in the Game Fund instead of the Dams and Encroachments Fund.
Each bird, egg or animal involved in a violation constitutes a separate offense. Each bird, egg or game or wildlife involved in the violation constitutes a separate offense. Protected hawks, falcons or owls shall not be bought, sold or bartered, or offered for sale or barter, or held in possession for sale or barter. It is the duty of every officer having authority to enforce this title to seize all wild birds or wild animals, or any part thereof, or the eggs of any wild bird, which have been declared endangered or threatened.
It is the duty of every officer having authority to enforce this title to seize all endangered or threatened wild birds or wild animals, or any part thereof. This subsection shall not be construed to permit any individual or agency other than the commission to sell the skins or parts of game or wildlife or the plumage or parts of birds killed as a protection to crops or accidentally killed upon the highways or seized as contraband.
Chapter 23 was added July 8, , P. Act 48 amended subsec. Authority to hunt on any Sunday instituted by the commission under this paragraph shall not apply to any person required to secure a hunting license who attempts to hunt on private land without obtaining written permission of the landowner, an agent of the landowner or lessee.
Act 3 amended subsecs. It is unlawful to transport or possess wild birds or wild animals from another state or nation which have been unlawfully taken, killed or exported. This paragraph shall not be construed to permit any individual possessing a shed antler to sell, barter or trade or to offer to sell, barter or trade any shed antler. Act 98 amended subsec. Act amended subsecs. The commission shall be authorized, by resolution, to adopt rules and regulations authorizing the limited use of recorded calls or sounds or recorded or electronically amplified imitation of calls or sounds when such use is necessary in the commission's judgment to protect the public health and safety or to preserve that species or any other endangered by it.
Nothing in this subsection shall pertain to any of the following:. Nothing contained in this subsection shall pertain to normal or accepted farming, habitat management practices, oil and gas drilling, mining, forest management activities or other legitimate commercial or industrial practices.
Upon discovery of such baited areas, whether prosecution is contemplated or not, the commission may cause a reasonable area surrounding the enticement to be posted against hunting or taking game or wildlife. The posters shall remain for 30 days after complete removal of the bait. B For the purposes of this subparagraph, a flashlight or spotlight mounted on a firearm shall not include a device that projects a beam of laser light to indicate the intended point of impact for one or more projectiles discharged from the firearm.
Act 42 repealed subsec. Act 76 amended subsec. Act 86 amended subsec. Act amended the entire section and Act amended subsec. Act overlooked the amendment by Act , but the amendments do not conflict in substance and have both been given effect in setting forth the text of section Each violation constitutes a separate offense.
A A first offense is a misdemeanor of the second degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere in this Commonwealth for a period of seven years. B A second offense within a seven-year period or during the same criminal episode as the first offense is a misdemeanor of the first degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years. C A third or subsequent violation within a seven-year period or during the same criminal episode of a first or second offense is a felony of the third degree and may result in forfeiture of the privilege to hunt or take wildlife within this Commonwealth for a period of 15 years.
A A first offense or a second offense during the same criminal episode is a misdemeanor and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of five years. B A second offense within a seven-year period or a third or fourth offense during the same criminal episode is a misdemeanor of the first degree and may result in the forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years.
C A fifth or subsequent offense during the same criminal episode or a third offense within a seven-year period is a felony of the third degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of 15 years. A second violation of subsection a 2 where the species is a single white-tailed deer or a single wild turkey within a seven-year period is a misdemeanor and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of five years.
A third offense within a seven-year period where the species is a single white-tailed deer or a single wild turkey is a misdemeanor of the first degree and may result in the forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of ten years.
The provisions of this subsection shall not apply if it is proven that the headlights of a vehicle or conveyance were being used while traveling on a roadway in the usual way. The commission shall require no permit for such action. Any licensed auctioneer who sells ten or more mounted specimens during any one sale at a registered auction house must report those sales to the commission within 15 days of the completion of the sale.
Act 65 amended subsec. If, after appropriate investigation, the officer is satisfied that the game or wildlife was lawfully taken, possessed and transported, the seized game or wildlife shall be returned to the owner. Under such circumstances, the person possessing, transporting or controlling the big game shall immediately, upon demand of an officer of the commission, produce the head of the big game or the name and address of the person killing the big game or other satisfactory evidence that the carcass in possession or under the person's control is part of a lawfully taken big game.
A second violation of subsection a 1 or 2 where the species is a single white-tailed deer or a single wild turkey within a seven-year period is a misdemeanor and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of five years.
B A third or fourth violation of subsection a 1 or 2 during the same criminal episode where the species is white-tailed deer or wild turkey is a misdemeanor of the first degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of ten years. C A fifth or subsequent violation of subsection a 1 or 2 during the same criminal episode where the species is white-tailed deer or wild turkey is a felony of the third degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of 15 years.
The attached game kill tag shall remain on the big game until such time as the big game is processed for consumption or prepared for mounting. Within five days following the kill, the person shall mail, to the headquarters of the commission at Harrisburg, a statement setting forth the information required on the tag and the sex of the big game.
It is unlawful to use any game kill tag invalidated by this subsection to tag any big game. Any person who legally kills any big game and discovers that the flesh of the big game was unfit for human consumption at the time of killing shall, within 12 hours following the discovery, deliver the entire carcass, less entrails, but including the head and hide, to any commission officer who, being satisfied that the big game was unfit for human consumption at the time killed, shall issue a written authorization to the person to kill a second animal or bird of the same species during the unexpired portion of the season for that species.
The tag shall contain in English the name, address and license number of the owner and the location where the big game was killed. Such person shall, upon request of any law enforcement officer, furnish the name, address and license number of the person killing the big game and any other information required to properly establish legal possession.
Subchapter D is referred to in section of this title. All information under this paragraph shall be subject to the provisions of section relating to limitation on disclosure of certain records. All traps removed shall be turned over to a commission officer. The officer shall notify the trapper within ten days to claim the traps. If the traps are not claimed within 30 days following notification or the trapper cannot be located, the traps shall be forfeited to the commission. Nothing contained in this subchapter shall prevent:.
Except for section c relating to furtaker's certificate of training , the remaining provisions of this title shall not be construed to prevent or prohibit any person under 12 years of age from trapping furbearers. Persons covered by this section shall not use any firearm other than a. Any violation of this subchapter relating to bobcat or otter is a summary offense of the fourth degree.
Except for threatened or endangered species, any other violation of this subchapter is a summary offense of the fifth degree. Except as otherwise provided in this title or by commission regulation, it is unlawful for any person controlling or harboring a dog to permit the dog to chase, pursue, follow upon the track of, injure or kill any game or wildlife at any time.
Persons who are solely training dogs and who comply with the provisions of this section shall not be required to have a hunting or furtaking license. The commission may, by regulation, prohibit or further restrict or relax the training period for specific breeds of dogs on game or wildlife.
This limitation shall not apply to:. June 30, , P. Any dog pursuing or following upon the track of any big game animal in such close pursuit as to endanger the big game animal or to be in the act of attacking the big game animal at any time is hereby declared to be a public nuisance and may be destroyed as provided in this title. Section is referred to in section of this title; section of Title 18 Crimes and Offenses.
The person who killed the dog or the commission officer who receives the report shall disclose to the owner of the dog the time, place, circumstances relating to the death of the dog and the location of the dog's remains. All equipment found on the dog, including collar, name tag, license tag or any other personal property, shall be returned to the owner of the dog within ten days after conclusion of any prosecution or immediately if no prosecution is contemplated.
B relating to cruelty to animals shall not apply to any person killing any dog pursuant to subsection a. Act 10 amended subsec. Section is referred to in section of Title 18 Crimes and Offenses. In addition to the imposition of a penalty, the violator shall also be liable for the replacement costs of the game or wildlife killed or injured as determined by commission regulations.
In addition to the imposition of a penalty, the violator shall also be liable for the replacement costs of the game or wildlife killed or injured as determined by commission regulation.
Chapter 25 was added July 8, , P. In addition to any penalty, the violator shall be denied the right to hunt or trap in this Commonwealth, with or without a license, for a period of one year. The test shall be administered by personnel and equipment approved by regulation of the commission.
Any person whose hunting and trapping privileges are suspended under the provisions of this section shall have the same right of appeal as provided for in cases of suspension or revocation for other reasons. The chemical analysis of the blood taken under these circumstances shall be admissible in evidence in the same manner as are the results of the breath chemical test.
The hunting and trapping privileges of any person who refuses to allow a blood test under these circumstances shall be suspended pursuant to subsection b. The chemical test given at the direction of a commission-approved officer shall not be delayed by a person's attempt to obtain an additional test. The sole purpose of this preliminary breath test is to assist the officer in determining whether or not the person should be placed under arrest.
The preliminary breath test shall be in addition to any other requirements of this section. No person has any right to expect or demand a preliminary breath test.
Refusal to submit to this test shall not be considered for purposes of subsections b and e. The exceptions in this subsection do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm. A relating to Uniform Firearms Act. The exceptions in paragraphs 1 through 5 do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.
Otherwise the violation is a summary offense of the fifth degree. Acts 13 and amended subsec. It shall be unlawful for any person, after alighting from a motor vehicle being driven on or stopped on or along a public highway or road open to public travel, to shoot at any wild bird or wild animal while the person doing the shooting is within 25 yards of the traveled portion of the public highway or road open to public travel.
July 1, ; July 9, , P. Target shooting shall only be lawful when it is done:. No privileges shall be granted by those owning or operating the posted lands or waters to any other person to hunt for any game or wildlife upon the property; nor shall the person or persons owning or in charge of the lands be eligible to hunt for any game or wildlife on the lands or waters.
The amount of the damage determined by the court shall be assessed against the defendant and paid to the court for disposition. The court shall deliver the amount collected to the person having legal control over the land where the damage occurred. The provisions of this paragraph shall not apply to any spent shotgun shell or spent rifle shell casing which is ejected during normal hunting activities. Any person convicted of a second or subsequent violation of this paragraph shall pay twice the fine imposed for the first offense.
A conviction for a violation of this section shall not bar any civil action by the property owner. This section shall not apply to a private landowner upon land which he owns or to any person to whom he has given written permission in advance. The amount of the damage to the tree shall be determined by the magisterial district judge. If a reasonable settlement for damage to the tree is not reached, the magisterial district judge may appoint a competent appraiser to determine the amount of the damage.
The amount of the damage determined shall be assessed against the defendant and paid to the magisterial district judge for disposition. The magisterial district judge shall deliver the amount collected to the person or governmental agency having legal control over the land where the damage occurred. The appraiser appointed by the magisterial district judge shall be entitled to a reasonable fee for services rendered which shall be assessed against the defendant as additional costs.
Any costs for the appraiser shall be added to costs of prosecution. The report shall be delivered within 72 hours after the injury. Each hour period thereafter shall constitute a separate offense.
If the person is physically incapable of making the required report, it shall be the duty of the person or persons involved in the incident to designate an agent to file the report within the specified time. Fines imposed against a violator of this paragraph shall be distributed to the next of kin as an asset of the estate of the deceased, other provisions of law to the contrary notwithstanding. Upon conviction, the person shall be sentenced to undergo imprisonment for a period of not less than three months nor more than six months.
The commission, based on the results of the vision examination, may deny a person a license or place on the license a restriction requiring the person to wear corrective lenses when the person hunts or takes game.
Section is referred to in sections , , of this title; section of Title 42 Judiciary and Judicial Procedure. In addition to the fine imposed, the defendant forfeits the privilege to hunt or take wildlife anywhere in this Commonwealth, with or without a license, for a period of ten years. In addition to the fine imposed, the defendant forfeits the privilege to hunt or take wildlife anywhere within this Commonwealth, with or without a license, for a period of 15 years.
The material shall be worn so it is visible in a degree arc. Unless otherwise specified by regulations of the commission, the provision of this section shall not apply to any season for using muzzle-loading firearms only or season for using bows and arrows only.
Chapter 27 was added July 8, , P. Chapter 27 is referred to in sections , of this title; section of Title 23 Domestic Relations. The issuance of any replacement license or the purchase of a second or subsequent license of any class shall immediately and automatically invalidate any license of the same kind which had been previously issued. The licensed hunter shall have a valid hunting license for the game or wildlife they are hunting or qualify for license and fee exemptions under section relating to resident license and fee exemptions.
Act 7 amended subsec. Proof that a serviceman's or servicewoman's military home of record is in Pennsylvania shall be sufficient to establish domicile in this Commonwealth. For the purpose of this title, any person unable to meet the requirements of section relating to residents shall be a nonresident.
The provisions of this subsection shall not apply to a person who presents:. The provisions of this section shall not apply to those persons under 12 years of age who trap furbearers under the direct supervision of an adult licensed furtaker 18 years of age or older.
The commission may cooperate with any reputable association or organization in presentation of this course. The appointed person shall give the course of instruction and shall issue to each person who successfully completes the course of instruction a certificate of training in the handling of firearms, traps or other devices.
No charge shall be made for the course of instruction, except as may be provided by this title or by regulations promulgated under this title. Classes may occur as an after-school or weekend function or any other day when school is not in session. The commission shall, to the best of its ability, work with the school to schedule classes for a time that best suits both the school and the commission.
All classes shall comply with curriculum standards and program policies established by the director. The commission shall compensate the school for the actual cost incurred by the school related to the commission's use of the facility. Fees may not be charged to the public for the service under this section.
July 1, ; June 5, , P. Act 27 added subsec. Act 23 amended subsec. Section 2 of Act 23 provided that Act 23 shall apply to the license year beginning July 1, , and to each license year thereafter.
Section is referred to in sections , , , of this title; section of Title 18 Crimes and Offenses. Unless otherwise provided, any person wishing to exercise any of the privileges granted by this title shall first secure the applicable resident or nonresident hunting or furtaker license as follows:.
The actual hunting privileges granted to the holder of a junior license shall not be exercised until that person in fact is 12 years of age. The commission shall develop, implement and administer a system to provide tags, report cards and applications to those residents who hold a senior lifetime resident hunting license issued under this paragraph. The system shall require the applicant or license holder to pay any approved fee assessed by the issuing agent.
The actual furtaking privileges granted to the holder of a junior license shall not be exercised until that person in fact is 12 years of age. The actual privileges granted to the holder of a junior resident combination license shall not be exercised until that person in fact is 12 years of age. The actual privileges granted to the holder of a junior nonresident combination license shall not be exercised until that person in fact is 12 years of age.
The license shall be valid for a period of seven consecutive days. The holder of the license shall be entitled to hunt for, take or kill crows and small game.
Any such license shall be made available to residents serving on active duty in the armed forces of the United States or in the United States Coast Guard without regard to quota limitations or application deadlines. Notwithstanding any other provisions of this title or the regulations promulgated thereunder, elk licenses under this paragraph shall not be subject to the provisions of sections relating to resident license and fee exemptions and To ensure sound management of Pennsylvania's wild elk population, the commission may promulgate regulations to establish a limited number of licenses.
July 1, ; June 22, , P. Act 53 added par. Act amended the entire section, effective in 60 days as to par. Section is referred to in sections , , of this title. Any of these persons may hunt or take furbearers on detached land which is operated under written lease as a part of the same farm and is within ten air miles of the home farm. Hunters who obtain six antlerless licenses may apply for and obtain additional licenses as they harvest antlerless deer and report them, so long as licenses remain available.
The Special Firearms season for antlerless deer is open to junior and senior license holders, mentored youth, active-duty military and certain disabled persons. Resident and nonresident hunters who hold a valid hunting license or qualify for fee exemptions, and who are 65 or will reach their 65th birthday in the year of the license application, are eligible to hunt in the season. Participants in any archery deer season must possess an archery license in addition to a general license.
After harvesting a deer, a hunter must detach the deer harvest tag from his or her license, fill it out using a ballpoint pen and securely attach it to the ear of the animal. The new green harvest tags have boxes with months and date numbers on the back of them, and a hunter must cut them with the correct month and day of harvest. Be sure to use the correct tag and be careful not to attach the actual hunting license.
The harvest tags have animal icons on them. There are two holes in the center of the tag that can be punched to insert a string, twist tie or safety pin. The tag must remain attached to the ear until the animal is processed for consumption or prepared for mounting. The bar code on the right edge of the tag should be positioned near the ear tip, unobstructed, so Game Commission personnel can scan it if the deer is documented as part of work to calculate the annual statewide deer harvest.
Requiring that deer be tagged in the ear ensures that the tag stays with the head and valuable scientific information can be collected. When using a center fired rifle one must not be within yards of any occupied residence as required by the Pennsylvania Game Commission. The person firing the weapon will meet all the requirements of the Pennsylvania Game Commission for hunting within the Commonwealth.
The owner shall notify the Cleona Police Department on an annual basis prior to the discharge of firearms. Each day that a violation of this Part continues shall constitute a separate offense. FIREARMS — means any shotgun, airgun, air pistol, spring gun or pistol, rifles and pistols of any caliber, or any other implement which impels with force a pellet of any kind.
Discharging of Firearms. Generally Prohibited. This Part 2 shall not apply to: 1. Any law enforcement officer when used in the discharge of his official duties. Weapons and Dangerous Devices. Whoever violates any provision of this Section or Section shall, in addition to other penalties provided, forfeit the weapon, contraband, or dangerous device giving rise to the violation of such section.
Coast Guard only. Also included are persons who have reached or will reach their 65th birthday in the year of the application for a license and hold a valid adult license, or qualify for license and fee exemptions under section Only one elk may be taken during the license year.
One antlerless deer with each required antlerless license. One antlered deer per hunting license year. An antlerless deer with each required antlerless license. Coast Guard only, with required antlerless license. One antlered deer per hunting license year, or one antlerless deer and an additional antlerless deer with each required antlerless license.
Outside of any big game season deer, bear, elk and turkey , coyotes may be taken with a hunting license or a furtaker license, and without wearing orange. During any big game season, coyotes may be taken while lawfully hunting big game or with a furtaker license.
Sunday hunting permitted. No Sunday hunting with the exceptions of Nov. No limits. One bobcat per license year.
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